Rehabilitation for Offence - before or after applying through Spousal Sponsorshi

[kkramps79]

I am currently out of status.
We were thinking about doing my husbands immigration to the states instead (since that is quicker) unfortunately, we paid our fees went through the entire application process, had our interview, he did his medical but in the interview we were told he needs a waiver. And since 15 years has not passed (only 12) we had to prove hardship for the US citizen - which is quite hard to do plus we didn't have the spare $600 at the time. Now over a year has passed and pretty sure we would have to start that process all over again and that gets to be quite expensive

 

[RajaJi]

Some records can be Expunged. It takes few months though. Once Expunged, they won't show on your record check. You can find out the procedure of Expungement from the town/county where you were charged

 

[kkramps79]

Unfortunately the cost for Expungement is $320 and I need to attend a court hearing - would be great but that would also mean heading back to the states and then being away from my husband and having our son away from his daddy for lord knows how long.

 

[RajaJi]

Unfortunately the cost for Expungement is $320 and I need to attend a court hearing - would be great but that would also mean heading back to the states and then being away from my husband and having our son away from his daddy for lord knows how long.

It is not neccessary that there will be a hearing unless you have already confirmed about it. Even if there is a hearing, it will quick and fast (same day). Once the Magistrate/Judge signs the order, all you have do is send the copies of that order to Town, County, and State Police departments and few other authorities. You know your circumstances, IMO it will be worth the time and money.

Good Luck!

 

[rhcohen2014]

It is not neccessary that there will be a hearing unless you have already confirmed about it. Even if there is a hearing, it will quick and fast (same day). Once the Magistrate/Judge signs the order, all you have do is send the copies of that order to Town, County, and State Police departments and few other authorities. You know your circumstances, IMO it will be worth the time and money.

Good Luck!

i *think* the issue is the OP is currently out of status in canada, so leaving canada (even for 1 day -which is usually a red flag at the border) puts her at risk for being denied re-entry, causing even bigger issues than needing rehabilitation/expunging of records.

 

[RajaJi]

You are right. However, she may not be able to get In Status without Rehabilitation and she may have difficulty in getting Rehabilitation without Status.

 

[kkramps79]

Yes that is correct. If there was no issue with coming back into Canada I would do that But its not a risk I am willing to take right now. And the county that the conviction is through you do need to do everything in person - I confirmed

 

[Ponga]

There's also the possibility that CIC is now (or will be) requiring applicants to have legal status to apply for sponsorship:
http://www.canadavisa.com/canada-immigration-discussion-board/-t247853.0.html

They changed the language in the Guide (last September) for a reason, but so far nobody has been able to get any more information...which is typical with CIC.

 

[kkramps79]

That scares me I know the first time we sent in our application (this is our second time around, first time we were missing a page so they sent the whole works back to us ugh). Anyway I phone CIC to ask a question about what I should put on my application for status. She informed me that I need to put out of status, restoration needed.

But this was about a year ago so not sure if something has changed?